SZ v Regina [2007] NSWCCA 19

SZ v Regina [2007] NSWCCA 19

The sentencing judge's starting points for the first two ongoing supply offences were too high, particularly having regard to the total quantity of amphetamine supplied, but the sentences actually imposed were not manifestly excessive. The applicant had received an unduly favourable combined discount of 62.5 per cent for pleas of guilty and assistance to authorities, when the case was not exceptional and did not call for a combined discount exceeding 50 per cent. The concurrency and structure of the sentences also significantly benefited the applicant. Accordingly, although the sentencing exercise miscarried, no lesser sentences were warranted in law under s 6(3) of the Criminal Appeal...

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Application for Leave to Appeal Against Sentence / Appeal Against District Court Sentences Following Pleas of Guilty; Leave Granted and Appeal Dismissed by the NSW Court of Criminal Appeal.
Outcome
Leave to appeal granted. Appeal dismissed.
Legal Topics
['appeal Against Sentence' 'ongoing Supply of Amphetamine' 'deemed Supply of Amphetamine' 'possession of a Prohibited Weapon' 'conducting Drug Premises' 'form 1 Offences' 'discounts for Pleas of Guilty' 'discounts for Assistance to Authorities' 'manifest Excess']
['criminal Law' 'sentencing' 'drug Offences'] ['appeal Against Sentence' 'ongoing Supply of Amphetamine' 'deemed Supply of Amphetamine' 'possession of a Prohibited Weapon' 'conducting Drug Premises' 'form 1 Offences' 'discounts for Pleas of Guilty' 'discounts for Assistance to Authorities' 'manifest Excess']

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Procedural Posture

Application for Leave to Appeal Against Sentence / Appeal Against District Court Sentences Following Pleas of Guilty; Leave Granted and Appeal Dismissed by the NSW Court of Criminal Appeal.

Legal Issues

  1. 1 ['Whether the overall sentence was manifestly excessive.' 'Whether the starting points for the sentences imposed for the two offences of ongoing supply were too high.' 'Whether the combined discount for pleas of guilty and assistance to authorities was appropriate.' 'Whether any lesser sentence was warranted in law under s 6(3) of the Criminal Appeal Act 1912 (NSW).']

Ratio Decidendi

The sentencing judge's starting points for the first two ongoing supply offences were too high, particularly having regard to the total quantity of amphetamine supplied, but the sentences actually imposed were not manifestly excessive. The applicant had received an unduly favourable combined discount of 62.5 per cent for pleas of guilty and assistance to authorities, when the case was not exceptional and did not call for a combined discount exceeding 50 per cent. The concurrency and structure of the sentences also significantly benefited the applicant. Accordingly, although the sentencing exercise miscarried, no lesser sentences were warranted in law under s 6(3) of the Criminal Appeal...

Court Disposition

Leave to appeal granted. Appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.']